Death of the Arbitrary
by Random-Bubbles159
Summary: The team is assigned to protect an ex-admiral who was admitted to an on-base mental hospital. but then he's killed on Ziva's watch. Will the team be able to prove Ziva's innocence or will she face murder charges?
1. Dylan Jordan, Room 205

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New story! Hope you like it! NCIS this time. Alot that will show up in this story was inspired by and is dedicated to one of my BEST friends, Alykinz aka Echo-chan1223. she'll understand what i mean by that!

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Death of the Arbitrary  
Chapter 1: Mr. Dylan Jordan, Room 205

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Ziva was sitting at her desk typing on her computer when Gibbs rushed into the bullpen. She straightened up when he stopped in front of her partner, Tony's, desk. Gibbs stood there stiffly as Tony continued digging through one of his many messy drawers. With a gasp of excitement Tony abruptly stood up, losing grip of what he had in his hand. The world seemed to spin in slow motion as the rotten apple soar through the air... and hit Gibbs square in the face.

It simply stopped and fell straight down into Gibbs's open palm. "Good morning Dinozzo, got any more fruit you wish to throw at my head?" Tony's face paled immensely and he gulped. Ziva had to hold her stomach so she didn't laugh. "n-no sir... it w-was an accident b-boss." Tony's stuttering was too much. Ziva burst into an uncontrollable fit of laughter.

"If you've finished laughing Agent David, I'll see you and Dinozzo in the van." Without so much as a second glance Gibbs was in the elevator, whose doors were rapidly closing.

"On your six boss!" Tony called across the room. Rolling her eyes Ziva grabbed her NCIS badge from her desk, the backpack she had behind her chair, and Gibbs's morning coffee. "You are coming are you not?" Flashing the famous 'Dinozzo grin', Tony nodded and ran to the elevator, punching his arm through the doors just before it closed enough to crush his arm. Ziva followed in silence.

Gibbs took the coffee out of her hands when she entered the elevator. The ride went by in silence until just before their stop Tony blurted out, "Where exactly are we going boss?" Gibbs remained quiet. After his outburst Tony stepped back to the corner he had just vacated and started studying his shoe.

The ding signaling that the ride was over came and the twin doors clanged open. Ziva, Gibbs, and Tony exited and walked straight to the van. "I call shotgun!" Tony blurted once again. Ziva, however, beat him to the front seat. She smiled sweetly and jumped in next to Gibbs who had already entered the drivers side of the van. Gibbs looked at Tony his blank 'Gibbs Stare.' "You can't just call it if you want the front Dinozzo, you have to beat her to the door."

Grumbling something about her being lighter, so therefore faster Tony reluctantly clambered into the back seat of the van. As they drove through the bustling D.C streets Tony got up the courage to ask his question again. "Hey boss, could you um, maybe tell us where we're going." Gibbs breathed in, and then sighed. It seemed to take all of his will power not to stop the van and smack Tony on the back of the head. "You'll find out where we're going when we get there Dinozzo."

Slumping back in his seat Tony started grumbling again. Ziva flashed a grin then contented herself with staring out the window at all the building they were passing.

After half an hour of driving, Gibbs stopped the car out side of a large white washed building on the northern end of the D.C sub base. He hopped out of the van before Ziva and Tony even registered that the van had stopped moving. Walking briskly up to the huge mahogany double doors, Gibbs turned around and waited for his slow team to catch up to him.

Tony got there first. "There's no ambulances, fire engines, or police engines. Isn't this a crime scene boss?" Tony quickly placed a shaking hand on the wall to keep himself from falling over. He had no idea how his boss could walk so far so quickly.

If Gibbs was irritated again he didn't show it. He merely pushed open the door and walked inside when Ziva appeared next to Tony.

"It really scares me how he does that." "Shut up Tony!" "Why should I?" "For the sake of all the people who are not as stupid as you!" "Oh so I'm stupid now?" "Now? you have always been a stupid pig." "You didn't just call me a pig." "Why yes, i believe i did!" "i ought'a punch you." "You could not hit me if you tried." "Wanna bet?" "Do not make me hurt you."

The bickering carried through the halls as the three agents wandered the halls. It was again taking all of Gibbs's strength not to turn around and shut up the both of them. He didn't have to however, as they finally entered the main hallway. Both of them shut up at the sight of all the patients.

"Where the hell are we...?" Tony's eyes were as wide as they could go. Gibbs smirked and whacked the back of his head. "Thanks boss... I needed that." Chuckling, Gibbs led them through more hallways until they reached room 205. Ziva cocked an eyebrow and whispered, "What's in here boss?" Gibbs chuckled again and drifted slowly into the room. "In here Ziva, is Mr. Dylan Jordan. Dylan is a patient here at the D.C Navy Mental Hospital,"

The looks on Tony and Ziva's faces were price less. Stifling another chuckle, Gibbs continued. "Recently, Dylan has been receiving many letters from a Crack-Pot Tom. Dylan's step sister asked that he be put under protection, seeing as he was once an admiral in the navy. You two are the people assigned to protect him."

Ziva's mouth hung open. they had been brought here to protect an ex-navy admiral, that had been put in a mental hospital. "i have a question, will this protection thingy be a 24/7 job?" Ziva looked towards the sound of the voice. Tony. Gibbs kept his blank expression, but Ziva saw a slight flicker of amusement pass through his eyes. "Yes Dinozzo, this will require you to be on the watch 24/7."

Tony's heart fell. 24/7? with no breaks? wait he didn't know that. "And boss... are we going to be rotating in shifts?" Gibbs sighed. "Of course you will be rotating in shifts, but this operation only lasts until we catch Crack-Pot Tom." Tony grimaced. Whoever this Tom dude was, didn't seem like a very trustworthy or friendly person. But then again, Tony didn't know what exactly was in the letters, or what the threats were.

Jumping from grimace to 'Dinozzo grin', Tony grabbed Dylan's hand and began shaking. "Hello Mr. Jordan, nice to meet-cha! Anthony Dinozzo's the name. My partner Ziva and i will be protecting you until our NCIS team can find Crack-Pot Tom!" Dylan stared at him for a moment before smiling. breaking the handshake he pointed to Tony's eye and said, "You are using a mask, but don't worry, i can see you. don't forget to brush your teeth~" Laughing like a hypocrite the man began simultaneously making hand motions in the air as if pushing buttons. Tony put his hand to his forehead. This was going to be a very long operation, luckily, he wouldn't have to spend every waking moment with this mental man.

Ziva laughed. She couldn't wait until her watch started. She knew how annoyed Tony was. Nudging his shoulder she whispered, "Get ready for a LONG operation." He glared at her and replied, "I'm not in this alone, you have to deal with it too." Laughing Ziva walked over to Dylan and gave him a big hug. He would make these next days very enjoyable.

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**Slow and short start, but don't worry, it'll get there! I have so much stuff planned for this story, it'll blow your mind!! you'll never see what's coming, coming! so expect the unexpected!**

**I hope you like it, please tell me what you think so far in reviews! I love y'all!**

**I HEAR IT... THE SILENT CRY OF THE BUTTON! PUSH IT, OR FOREVER SHALL YOU WONDER, "WHY DIDN'T I PUSH THE BUTTON?"**

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	2. Stabbed to Death

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HOLY CRAP CHAPTER 2!!!!!!!!!!! after so long!!!! its kind of random... but it has some REALLY BIG PARTS! but you'll have to figure out what they are. if or if not you were wondering, im very hyper right now... so yeah... this is really rushed... it only took me an hour to write it, usually i take forever, though i have horrible grammar and only capitalize some sentences xD enjoy chapter 2!!!! I'd like to give a big thanks to Alykinz(Echo-Chan1223)letting me use the name Dylan Jordan in my story, for reviewing chapter 1, and not killing me yet. i also want to thank the other Chapter 1 reviewer BabyBoomBoom0029.. i love reviews so you guys made me REALLY happy~~

DISCLAIMER: i DO NOT own NCIS... and i dont really wish i did because i love the way it is already~

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**Death of The Arbitrary  
Chapter 2: Stabbed to Death**

"Come on Tony! Would you just wake up already?" Zivad David continued muttering under her breath as she sat outside Mr. Jordan's room. As usual Tony was late. His shift had started half an hour ago. Sure Mr. Jordan was alseep but did it really hurt for Tony to be on time for once?

Groaning, Ziva sat up straighter and stretched her arms. They had grown stiff sitting in the same spot for over an hour. Protecting Mr. Jordan was quite an easy job. all he did was lay in his bed all day talking about the queerest things. However, when Ziva first arrived she had recieved quite a shock.

_FlashBack_

_Dylan Jordan was hanging half out the window waving at something in the distance. Trying to keep her cool, Ziva ran over and yanked Dylan back through the window. He had merely stared at her and tilted his head. Ziva walked over to the window and shut it securely, locking it in the process. she walked back over to Dylan, held his hand, and tried to read his shifting facial features. "Are you okay Dylan?"_

_his eyes lit up and he pointed out the window. "Pretty bird go tweet... it waved to me. i see a leprechaun!" Ziva stared at him with horror._ Did something happened to his head while it was outside the window? Am i missing some important detail here?

_he had smiled contently and gone back to drawing imaginary pictures in the air. Ziva sighed and help the man over to the hospital bed. "you should not be up and about. what would your family think if you had fallen out the window?" the chipper man's face went ashen. his vibrant eyes turned dark. "they wouldn't care. they never care. they would be celebrating." he shook her arm away and scuttled over to the bed. after he layed down he didn't get up again._

_End FlashBack_

for the past half hour Ziva had been replaying the scene over and over again in her mind. she knew this was a mental hospital... but he was so...deranged. she tapped her fingernail impatiently waiting for Tony. It seemed like he made it his personal business to be late for EVERYTHING. boredom slowly taking over, Ziva glanced up at the clock on the wall. 1:34 a.m.(the time im writing this tee hee hee~) she tapped her fingers harder. the wood of the chair chipped under her long fingernails. she glanced around taking in every little detail.

after a few more minutes she realized that her eyelids were beginning to grow heavy. she fought the feeling of tiredness... she couldnt sleep until Tony came. then a thought came over her_. What if he is already here... there was another door to the room_. She clenched her fists. if she walked into that room right now and found him there, he was so dead.

she jumped up out of her chair and walked over to the door. she put the handle in a death grip, then pushed it open. what she saw inside was definitely not what she expected. leaning over the still form of Dylan Jordan was a skinny man dressed in a tight fitting black body suit equipped with hollister and black mask. the man stood upright holding a bloody knife in his hands. he turned towards Ziva and she saw and evil smirk playing on his lips. "_Shalom"_ as the strange man ran out the far door Ziva noticed a Star of David around his neck._ Shalom... he has just stabbed a man...but it was if he knew me. P_ushing her thoughts aside she turned to ask if Mr. Jordan was alright, but the sight that met her eyes made her freeze.

Dylan Jordan lay sprawled across the bed with multiple stab wounds all throughout his body. a knife was prtruding from the spot right above his heart. his eyes were open and staring off into space. she quickly went over and closed his eyes gently, she knew it was against Gibb Rules to touch the body, but she wouldn't help it. she whispered a short Israeli prayer then looked over the rest of his body.

from what she could see there seemed to be about 40 stab wounds... definitely from different knives because the killer had taken one with him. breaking another Gibbs Rule, Ziva grabbed the knife in his heart and pulled it out. she turned her attention back to his face and sighed. she had no idea what the motives for killing this sweet, but deranged man had been, but she felt that he had not deserved to die. she carressed his face lightly, the knife still in her hands.

she looked at the bed, which was stained red around his body. what was strange , however, was that the sheets were perfectly normal. they way they had looked when Mr. Jordan was just laying in the bed. _This man did not put up a struggle while he died. _

Ziva stood up away from the body and looked down at her shirt. somehow she had managed to get blood on it._ i wonder what Tony will think when he comes in... i had better call Gibbs. _As she turned back to the door and began to pull out her phone she saw the handle move. "Ah, Tony, perfect timing, i was afriad you would ne-" but it wasnt Tony on the other side of the door, it was a young nurse.

the girl walked in holding a tray of food. she looked up and saw Ziva holding the blood encrusted knife with the red stains on her shirt. she glanced over at the bed and a lound clang filled the room as she dropped the tray. she suddenly started screaming at the top of her lungs, and there was nothing Ziva could do to stop it.

the room was suddenly crowded with nurses and doctors wondering what the commotion was. the young nurse pointed a hesitant finer at Ziva. "P-poor Mr. Jordan was k-killed... by h-her!" Ziva opened her mouth to speak but nothing came out. she looked down at the knife in her hand and the blood stains on her clothes. _I am... the murderer?

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Note Quickly: Ziva's last name is pronounced Duh-Veed for all of you who didnt know... and when i said the Star of David... its not David as in the boys name... a friend was confused so i just though I'd say that... hehe though most of you know anyways~

Sorry i know its a really short chapter but i wanted to leave it at that cliffy there. i know Dylan was only there for a short time... but he will be mentioned all throughout the rest of this fanfic... he's a very important role. i like where this is going, sorry it took so long to update... i apologize too much... OH WELL~ please read and review... tell me what you think i could do to improve... and especially tell me what you dont like! but no flames... i just want to know what you think~

I LOVE REVIEWS!!!!!! and since i get so few all reviewers are thanked in the next chapter! thanks for reading this far!!!! i love all you readers~~~

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	3. Crime Scene Time

im out with... CHAPTER 3!!!!!! and its mostly about, Tony!!!!! Yay!!!!! but its really short... and that is not my fault! i am not getting enough reviews to really motivate me to write long chapters, because without reviews, how can i know that you readers like the story! reviews mean that i am making you happy and you have advice or just want to tell me that it made you happy! but without reviews, im unhappy, and feel no motivation whatsoever to write big long chapters filled with drama and suspense! so this chapter is an example of what happens when im sad... its not even a big chapter! it is tiny with no importance whatsoever... its sad to see my writing skills wasted like this -sobz- please read it though, cause like i say at the bottom, the next chapter will be way better, regardless of reviews! and this chapter is kind of important... or...will be -evil glint in eye-

okay enough of my rant, on to the story, BUT, first i want to thank my reviewers for chapter 2: Echo-Chan1223 and agentscully6

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Death of the Arbitrary**

**Chapter 3: Crime Scene Time!**

Tony woke up to the phone ringing it's head off, across the room. his eyes blinked groggily as he say up. "whattimeisit?" before going to the phone, Tony grabbed his alarm clock, thrown on the floor this morning at around 1 am. "...ITS ALREADY TWO O'CLOCK?!?!?!" jumping out of bed, still ignoring the phone, Tony began rushing around the room pulling on his work attire, brushing his teeth, and whatever else his morning schedule consisted of. "shit, Ziva's gonna kill me"

finaly, after 5 minutes of swearing and lopsided hopping(trying to dress while brushing teeth...), Tony stood up straight and checked himself over in the mirror. he gaped. for some reason he had put on his NCIS crime scene uniform. maybe it was out of habit, Tony didn't know. mentally smacking himself he went over to his dresser to pick something else out. that was when he realized the phone was blaring. _probably Ziva asking where i am... _tell himself that he was already late so a few more minutes was fine he walked over to the phone and picked it up.

"Dinozzo residance, Tony speaking."

"took you long enough Dinozzo!"

"b-boss? why are you calling? i was sure it might be Ziva asking where i was."

"well you thought wrong, Ziva used her one phone call to phone me, not you."

"i don't really understand boss..."

"there's no time for explaining. get your ass down here now!"

"sure thing boss... sure-"

he was cut off by the tone signalling that Gibbs had hung up the phone.

"-thing... for heavens sakes he doesn't have to cut me off... what did he mean by 'used her last phone call?'"

Tony looked down at the clothes he was wearing. _you know, i think it might be a good thing i put these on... _grabbing up his wallet and NCIS badge, which he forgot to take off after the meeting with Mr. Jordan the day before, Tony walked out the front door of his apartment(i don't know if he even lives in an apartment... here he does!) and got on his way to NCIS headquarters.

as the elevator dinged, signalling he had arrived, Tony was nervous. why was he being called in to work instead of the base mental hospital? he tried to shake the feeling of dread in his bones, but it wouldnt disappear so he sucked it up and stepped out into the bright room.

"come on Dinozzo! could you have gotten here any slower, the van's been waiting for ages." "why do we need the van?" "no questions, are you coming or not?" Tony spun around and realized that while he had stepped out of the elevator, McGee and Gibbs had stepped in behind him. "what about Ziva boss?" "we'll talk to her later, right now we're going to the hospital, where you should have been, instead of Ziva."

even more confused Tony stepped into the elevator with Gibbs and McGee. the group stood in silence as the elevator dropped. Tony sent McGee questioning glances, but the Probie ignored him. _damn, is this 'cause i always call him McGeek? _when the elevator doors opened, Tony made to exit, but felt Gibbs grab hold of his jacket and hold him back. "we need to have a talk." Tony gulped and watched with jealousy as McGee walked out the open doors. _lucky Probie gets freedom... what'd i do wrong this time... its weird, i don't even know._

instead of pushing a floor button, Gibbs simply pushed the "close door" button. after the doors were closed, he flicked a switch turning out the lights and faced Tony. " why weren't you there this morning?" "i was sleeping boss, didn't wake up to my alarm clock." "that's no excuse," Gibbs shook his head. "you act so stupid but you wouldnt have pulled it out, i think. she only made it worse my pulling out the knife!"

Tony stood in a far corner, away from Gibbs, who looked like that at any moment he might pull all his hair out. "boss, i still don't understand..." "Dylan Jordan was murdered this morning, Ziva said around 1:40," Tony gulped. he was supposed to be there at 1. "and to make matters worse, before Ziva could call anyone a nurse walked in, saw her holding the knife-" "wait Ziva was holding the knife? you mean she killed him!" "dont interrupt me Dinozzo," Tony felt his head sting as Gibbs whacked the back of it. "she broke my rule and touched the crime scene, or that's what she said in the little time i talked to her. the nurse came to the conclusion that Ziva killed Mr. Jordan, so she's in custody. we need to get down there and check out the crime scene... how in the world did you know we would be checking out a crim scene Dinozzo?"

Gibbs was referring to his attire, but Tony couldn't answer the question, he was too shocked. "you just explained_ everything _to me. that has never happened before!" "get over it Dinozzo," the elevator lights flicked on and the doors creaked open. "oh and don't go bragging to McGee, i already _explained everything_to him too." Gibbs walked quickly and Tony was left in shock. he quickly recovered and rushed after Gibbs and McGee.

when the NCIS van arrived at the hospital, Tony noticed that all the nurses, doctors, and the occasional patient were giving the group of three death glares. McGee, who was walking in front of Tony, was looking around, obviously uncomfortable by the staring people. "what's wrong McGeek-uh McGee?" McGee turned back to look at him. his face was twisted, like he was trying to cover up his fear. _not doing a very good job of it, _Tony thought. "it's nothing tony." with a quick glance at a glaring doctor, McGee turned to face Gibbses(this looks funny... but I'm not sure what to do) back once again.

a startling realization went through Tony's mind. both of them were discreetly ignoring him, so discreet that he barely noticed... usually Gibbs would be on him for something wrong with his outfit or cause he was walking too slow... and McGee would usually stutter more_. They're ignoring me. oh crap, it's because they think if i had gotten here on time Ziva wouldn't be in this mess! "but it's true_," another side of him said_. what do you want conscience? "nothing, I'm just telling you the truth" yeah? well don't do that! "it's my job..." well your boss, a.k.a. me, is going to fire you so-_

"DINOZZO, would you just SHUT UP!" "oh sorry, boss, was i thinking out loud?" "Tony, it sounded like you were having a very animated conversation, with: yourself." "shut up McGee." "both of you shut up, we're here." Tony stopped making faces at McGee and turned his attention to room 205. before Gibbs could stop him, he rushed to the front of their small procession and opened the door. he immediately shut it and turned to Gibbs. "Ziva defintely didn't kill Dylan, it's way to messy to be her work in there." Tony saw a hint of a smile on Gibbses(again... dunno what to do...help is welcome cause im sure im gonna have to use it again) face but it disappeared before Tony could really tell. "McGee, start Baggin' and Taggin.' Tony, get the crime scene photo's. I'm going to talk to the 'witnesses' and wait for Ducky."

in sync with McGee, Tony said, "on it boss." he held up his camera, opened the door, took the first photo.

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im done with ANOTHER chapter!!!! YAY!!!!! this chapter is kind of filler and explanatory... and its short, but it's a chapter so be happy! i know the last line is really O.O but i couldnt think of a way to end it, and i was tired after writing this over and over again for 4 hours... i finally got it just how i liked it! i really need help with some of the grammer stuff so if anyone -cough- Alykinz -cough- might be able to help me i will be super greatful! i hope you like this chapter, sorry if i take forever to update! and please dont stop reading because this chapter is a load of nothing, i promise, cross my heart and hope to die, that the next chapter, regardless of reviews, will be long and hopefully exciting for you guys.

i LOVE you readers!!!!!!! -hands out chocolate covered pretzels- Reviewers you rock too!!!! -hands out double the chocolate covered pretzels to reviewers-

now please review for your chance to win: DoUbLe ThE ChOcOlAtE PrEtZeLs

if you don't like pretzels, i have brownies, cookies, starbursts, and chocolate flowers...

THANKS FOR READING, now... REVIEW xD


	4. Getting Everywhere but There

HIYA!!!!! CHAPTER 4!!!!!! YES!!!!! okay...i had an epiphany: I'M not nice enough to all the readers! i take WAY too long to update, and then the chapters are so short it's pathetic. so I've decided that i will as of now, update AT LEAST one of my stories, a week. most likely two. and if i don't, the next week will have AT LEAST two. i hope that'll be a little better, and i really just want to apologize. I WAS SO MEAN!!!!!! Swiss chocolate for all of you!!!

okay, so here's the chapter, but before that I'd like to thank: Kabby Dare(Echo-Chan1223) and yumyum for reviewing~ i would also like to thank Kabby Dare for help with spelling and grammatical issues xD

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**Death of the Arbitrary  
Chapter 4: Getting Everywhere but There**

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Ziva woke up(O.O i started off the last chapter the same way) to the ringing of a bell. looking around the room, she couldn't locate the noise before it stopped. everything around her was unfamiliar, yet at the same time, she remembered everything. the screaming staff as she was dragged mercilessly away from the body. the flashing lights and blaring sirens of the police cars as she was shipped off to prison. the glaring faces of everyone and anyone.

shivering, she sat up on her un-comfy cot. the only things in her containment cell were the bed, a rotting table with matching chair, a 'toilet', and what was this- a bowl with steam rising off it. walking over hesitantly, Ziva's eyes met a bowl of bubbling orange mush. 'so they were ringing for breakfast, if it can be called that.' she picked up the bowl and lifted it to her nose, immediately dropping it, disgust evident on her face. 'whatever that was, it died a long time ago.'

abandoning the failed attempt at a breakfast, Ziva went to sit in the rotting chair. it shivered under her light weight, and somehow managed to bear it. Ziva resolved to wait in silence, losing herself in thoughts and questions. 'why would someone want to kill that sweet little man? i know he was crazy. but he was sweet.' before she could continue, her thoughts were interrupted by three pairs of footsteps echoing down the abruptly, Ziva moved forward to lean out of her cell and wait for whoever was coming.

within seconds Gibbs, Tony, and McGee came into view. Ziva's face brightened. 'they must be here because they found something! I'm getting out!!' her hopes were dashed by their long faces. they came to stand in front of her, no one spoke, until Tony decided to break the silence, that is. "tsk, tsk. I never hoped to see the day. our little Mossad agent has gotten herself caught. you're getting sloppy, Zee-vah." Ziva glared. "no thanks to you Tony! maybe if you had decided to wake up on time i would not be stuck here! oh how i wish it was McGee who had been paired up with me on watch duty. i know i could have relied on him to show up on time!" McGee was practically glowing from the praise.

"Yeah, yeah, i could have shown up, then none of this would be a problem and we would just be investigating the murder of Mr. Jordan, not trying to prove your innocence. But we're not, and it was your own careless mistake that put you in this situation. so suck it up." he received a very hard headslap from Gibbs. Ziva glowered. "thank you for stating the obvious, Dinnozzo. If you find anything, let. me. know." turning away from her group of comrades she frowned. 'why does Tony always have to make me feel so ashamed of myself!!! i know it was my mistake! he does not have to tell me...' retreating away to the back corner of her cell, Ziva waved her hand to say "you may leave." then blocked out everything but her thoughts.

Gibbs glared at Tony one last time then spun on his heel and went back the way he came. McGee placed a hand on the cell bar and frowned. "don't worry Ziva, we'll catch him. we're getting a profile to draw a picture based on what a witness saw. and we found some prints at the crime scene that weren't yours. Abby's running them through the computer now!" Ziva nodded slowly, acknowledging that she had heard.

sending Tony a disappointed look, McGee followed after Gibbs.

Tony remained, all emotion drawn from his face. his eyes did not have their usual glint and his body was stiff and un-relaxed. clenching his fist, it took all his control not to punch the wall right then and there. _I'm so sorry Ziva...i promise ill prove that you're innocent._ he turned solemnly away from the cell and whispered, "bye Ziva." reluctantly he left the cell block, set on finding the evil Israeli man who had gotten Ziva tuck in prison.

unnoticed by anyone, Ziva stood facing the dirty cell wall, tears streaming down her face.

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"What have you got for me Abbs?" Gibbs strolled into Abby's lab, Caf Pow in hand. Abby's face was tear stained. "nothing that'll help. all the fingerprints were either Ziva's or the doctor...though there was one partial glove print I'm working on, shouldn't be long until i find out what kind of glove our murderer was wearing. all the blood on the sheets and knives was Mr. Jordans. there's nothing for me to go on Gibbs!"

Gibbs patted her back awkwardly. "don't worry Abbs, I'll send McGee down later to help you. after the profiler is finished with Mrs. Lanxley we'll able to run it." Abby leaned into him. "why does this stuff always happen to Ziva? she doesn't deserve it!" "i know Abbs, i know."

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"cause of death?" after comforting Abby, Gibbs found himself strolling into the Autopsy ward. Ducky was hovering over the cold body of Mr. Jordan. "well the knife wounds would have been fatal, had they been made before Mr. Jordan died." "what do you mean Ducky?" "see this bruising of the neck here, it would appear that our ex-admiral had a pair of hands around his neck while he died." "you mean he was strangled?" Ducky chuckled.

"oh yes Gibbs, Mr. Jordan was strangled, didn't put up a fight I'm afraid, or else we might have some other things to go on." "then why'd the bastard stab him, twice." "that's where it gets a bit tricky, but i do have an idea. Mr. Jordan here is the victim of an Israeli correct? what if this Israeli had heard of Ziva and knew she was on watch." Gibbs let his face fall. "Ziva was set up." "might be Jethro." "what's this about Ziva being set up?"

Tony made it his duty to be kept in the loop, even if it meant pissing Gibbs off as much as possible. "Dinnozzo, weren't you supposed to be with the profiler." "yeah she just finished. i came down to tell you and heard you and Ducky talking about Ziva being set up," his face darkened. "is it true?"

"we don't know yet, now do we Dinnozzo. is McGee checking the image?" "McGoo? yeah he was when i checked last." "which was when?" "just a minute ago." nodding in approval Gibbs turned back to Ducky. "by the way Ducky, where's Palmer."

Ducky chuckled. "i let him off early, he was only getting in the way. he put up quite the argument, managed to persuade him anyways." Gibbs smiled.

"GIBBS!" "BOSS!" everyone in the autopsy room didn't know where to look. McGee and Abby had come running in, both looking excited. Gibbs didn't know who to address first. "uh... Abby?" "i matched the glove print to a company called Any Wear. Black, top quality, sold exclusively to Mossad-" McGee gasped.

"that helps my theory. take a look at this picture the profiler gave me and tell me it doesn't look like someone we all know." everyone cluttered around, even Abby who was slightly annoyed at being interrupted before she had finished. Gibbs pulled the paper out of McGees hands and studied. his face was grim. he passed it to Tony who passed it on to Ducky and on to Abby. each of their faces fell in turn.

"Rivkin," Tony voiced the name buzzing through all five of their heads. "Michael Rivkin." Abby tapped her foot. "look i know this is only going to damper things, but these gloves i was talking about. they've each got a special print based on who the gloves were made exclusively. the glove print found at the scene came from a glove sold to Eli David. AND, this glove of brand is only given to direct members of the David family. Ziva should have a pair as well."

the group was dampened in silence, broken, once again, by tony. "well we've got something don't we? the murdered looks like Rivkin and the glove print comes from a glove issued to Eli David, which Rivkin could have probably gotten his hands on. this is good right?" "it's a lead. McGee?" "going to get any personal info available info on Dylan Jordan, Michael Rivkin, Eli David. phone records, bank accounts, unusual activity, personal info. on it boss." McGee rushed from the room. "Dinnozzo?" "running the picture from our profiler through the computer for any other possible suspects, making phone calls, and getting security camera's from the hospital." with a quick nod to Ducky and Abby, Tony rushed after McGee.

Ducky moved back over to the examination table and looked fondly down at the corpse. "i wonder what kind of a life you had my friend. was it filled with misery and woe? or happiness and joy." Abby hugged ducky from behind. "don't worry, i miss her too." Gibbs watched the scene, a smile tugging at his lips. spinning on his heel he made his way up. he needed to pay Director Vance a visit.

-----------------------------

"hello Leroy(**1**), a little early aren't we?" "just here to keep you up to date with my present case." Vance looked up from the file sitting on his desk. "yes?" "it's about your buddy, Eli David." "ah yes, haven't talked to him lately, have you, how's Eli doing?" Gibbs brought his hand down on the desk. "this is not about social occurences. the print of a special made glove was found at the crime scene. the print of a special made glove belonging to one, Eli David."

Vance studied him criticizingly. "are you saying, that Eli was at the crime scene?" Gibbs didn't move. "no, im just telling you that his glove was. thought you'd like to know." "but he is still a suspect." it wasn't a question, but a statement. "of course." Vance nodded then looked back down to his desk. Gibbs turned to leave the room. "Leroy." Gibbs stopped and turned back. "what?"

Vance's face contorted for second but then he was back to his calm demeanor. "nothing, just go." Gibbs gave him a skeptical look then sauntered out of the room and back down to the bullpen.

---------------------------

"McGee!" Gibbs barked. McGee looked up from his desk. "oh hey boss, got some pretty interesting stuff. lots of wonky stuff on Mr. Jordan-" "McGee." "oh sorry boss. i'll start with Mr. David. only thing semi-suspicious on his phone and bank records were 5 calls to a local gay bar on 5 consequetive days at the same time for the same amount of time. yesterday at 1 pm he made a withdrawal of 10,000 dollars which he then spent on a car imported from Japan. you know most of his personal info-" Gibbs cut him off. "i have no doubt that there is absolutely nothing to show that Eli David had been at the crime scene besides the fact that his glove was present, move on to Rivkin."

"well since we investigated him last year, you know his personal info as well, but I'll just remind you. age 33(**2**), high level clearence with Mossad, one sister: Rebecca, currently owns an apartment in DC, phone number 882-9041. most recent withdrawal was a week ago at 4 am. withdrew 500$. spent 100 of it on fast food throughout the week. was last seen a mile from the Mental Hospital talking to a young brunette woman on the day of the murder. security cameras picked up the interaction, lasted half an hour, then Rivkin walked out of range of the camera in the direction of the mental ward. the conversation ended at around 1:15 am.

nothing suspicious in his phone records, except, at 1:20, 5 minutes after he left towards the Mental Hospital, to a pay-phone in the just outside of DC. im trying to get the security tapes from the Gas Station where it happened. another strange thing is that Rivkin' phone has 15 messages from the Mossad main desk. supposedly he's supposed to be in Israel right now, not in the States."

Gibbs thought that over then looked at Tony. "what about you?" "wait boss, i haven't finished yet. don't you want to here about Mr. Jordan?" "is there something important in there?" "he's had a rough life, but yeah." McGee and Gibbs sat there staring at each other for a moment. "well are you going to tell me McGee?"

"Oh yeah, sorry boss. his father died when he was four, his mother left him on the streets a year later. he was found by a widow named Mary Orthela, she died when he was 16. his life was uneventful from then on until until three years after he enlisted in the navy. he was in Israel on business and he ran into none other than Michael Rivkin. Dylan had a misunderstanding with the Mossad man and ended up getting Rivkin stuck in jail for a year. during that year Dylan met, and married Rivkin's little sister, Rebecca. by the time Rivkin got out of jail, she was already pregnant with their first child.

however, Rebecca didn't know that Dylan was the man who got her brother in jail, and when she found out after Rivkin told her after consuming numerous beers, she was devastated and felt like she had betrayed her family. committed suicide the next day. he stayed in the navy until he was 38, then retired. at 44 he was in an accident that left him mentally damaged. he was admitted to the mental hospital on June 2, 1998(**3**), been there ever since."

McGee stopped for a breath than continued on. "Mr. Jordan has not accessed his bank account in all the 10 years he has been in the hospital, the hospital takes out any funds for him. and he doesn't own, let alone use, a phone." "are you finished McGee?" "yes boss." "Dinnozzo!" Tony looked up from the sandwhich he had been eating while McGee was talking. "is McGoogle done spurting facts? okay, I'll tell you what i found. i ran the picture the profiler gave me, through the Mossad database. i figured, this guy was a Mossad and all since, well yeah. i didn't think it would hit more than Michael, but it turns out his brother, Jacob is a Mossad agent as well.

doesn't have high enough clearance to get in to see Eli as often of course. checking through the hospital security cameras i did see our killer, but he never face the camera and i couldn't get any good look at him. i made a phone call to Eli David. he has a good alibi, said he was in Israel, and since he's there i dont really doubt it. he confirmed what McGee said, _both _Rivkins was supposed to be in Israeli, but neither of them reported for duty on the day of the murder."

Gibbs put a finger to his chin absentmindedly. _so, now there are two Rivkins...both of them could have a motive. both of them fit the profilers picture. Michael was near the hospital right before the murder...but where was Jacob? _"McGee." "already on it boss."

McGee hit the keys on the keyboard mercilessly. info on Jacob Rivkin popped up by the second. he was proud of himself to say the least, very proud. _hmm...i wonder why it didn't show up that Michael had a brother...oh well i'll figure that out- oh....but it still should have shown up. _"okay boss, Jacob joined Mossad a year after his brother but it says here that he died a couple years back in 2004, suicide bomber." "yeah, Eli mentioned something about that. turns out it was a scam by Mossad to get themselves a secret weapon. Jacob didn't die in that bombing." "thank you Tony, now as i was saying, it says he died in 2004, but he was sighted in the states three months ago. and he was spotted, by us."

every sat there contemplating what McGee had said. the silence was deafening. "what do you mean, us?" Gibbs countered the info. "Abby saw him around town and thought it was Michael. she reported him to you. but it turns out, it was Jacob. unfortunately, Jacob became invisible again, until he resurfaced on the day of the murder. he, like his brother, was caught by a security camera outside of the Mental Hospital, on the opposite side of the lot.

he was walking down the street towards the hospital 10 minutes before Michael was, i only caught him because i was looking through the old footage that contained Michael, and happened to see him. he only withdraws money once a month from a discreet account running out of Israel. the last time was 25 days ago, he took out 5,000$."

Gibbs sat down on his chair. "so, we've got to men that both fit the description and picture from our profiler, both of them are from Israel, both have motive, both were seen at the crime scene, almost immediately before the murder took place, and both of them are supposed to be in Israel. what the hell are we supposed to go on?"

"well Gibbs, i think i might have something." Gibbs spun around to see Abby holding a small brown cardboard box. "what'cha got there Abby?" Abby smacked Tony's hands away. "don't touch, you'll ruin any finger prints." Gibbs walked forward and raised an eyebrow. "care to share whats in the box?" Abby grinned. "of course Gibbs, in this box here i have the left hand glove of one Eli David, found this morning at 4 am by hospital staff in the dumpster round back."

everyone felt their faces light up. they had the glove, now all the needed were prints or DNA.

* * *

i know i know, its not THAT long, BUT it's really important! lots of good info for your brains to digest there. plus, they've got Eli's glove! but will it hold any prints? heh heh this is gettin somewhere!

1: i really have no idea what Vance calls Gibbs...is it Leroy? Jethro? Gibbs? i dunno...help is welcome, if someone can tell me the correct name i'll change it.

2: in this fic Michael is 33, i dont care how old he is in the show, in this fic, he's 33, it's important later, well, semi important

3: we're just gonna say this is happening in 2008, cause im not good with dates and times and keeping things accurate xD

and now!!!! it is complete!!! well this chapter is, the story cant be over, Ziva is still stuck in jail...and the way i left it, it cant be over. please R&R and come back for the next chapter!!! i love you guys~


	5. New Developments

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**YAY!!!! CHAPTER FIVE!!!!! I'm getting slower and slower with updates...damn school...but anyways, thank you for coming to read this new chapter~ I'm so happy, the story is actually getting somewhere! i put alot of effort into this chapter, so please, only corrective criticism!(don't even know if that's what I'm talking about...basically, helpful criticism? oh you people know what i mean xD) ANYWAYS, I'm thinking, that there will only be about two more chapters...so keep waiting and you will be rewarded!!!! EEE!!!! Halloween coming up soon! Happy Halloween!  
SPECIAL THANKS TO: yumyum, NCIS-Ziva-Abby, and KabbyDare for reviewing the last chapter!**

* * *

**Death of the Arbitrary  
Chapter 5: New Developments  
**

* * *

Abby tapped her computer vigorously. it was processing much too slowly for her liking. a sudden blaring alerted her to the actual screen. "ERROR. ERROR." it said.  
"no way.....there is no way!" typing on the keyboard furiously, she tried in vain to save the files on her precious computer. after a moment the screen turned black with a monotone beeping sound.  
with a sigh of aggravation Abby let her head fall down onto the key board. "Gibbs is going to kill me."

it just so happened that at that exact moment, Leroy Jethro Gibbs was on his way down to see Abby. in his hands he held a large Caf-Pow, which, if it were not for his seemingly tight grip, might have fallen to the floor right then and there.  
for our dear Gibbs entered Abby's lab right in the middle of her profanity rant. she was banging her head against the key board swearing at a high enough octave that Vance, all the way up in his office, took a moment to look around and wonder what in the world was making such a noise.  
"have a problem Abby?" her head shot up and she let her puffy eyes glance over at Gibbs. "oh Gibbs its horrible! i knew i shouldn't have yelled at her last week, she just shut down on me Gibbs! i lost all the data! all of it!"  
it took Gibbs a moment to process what had been said. "okay...well cant you just, reboot it or something?" "i tried Gibbs! its totally dead!" "what about the finger print you found?" "oh that? that was processing when it shut down..."  
they stood in silence for a moment until Gibbs spun on his heel and began walking out into the hallway. Abby leaned over so she could still see him. "Uhm...Gibbs?" "fix it Abby, if anyone can do it, you can." Abby glowed slightly before turning back to holding her computer in a gaze that would rival Gibbs.  
"you are a very bad computer, you better start working or ill bring in the mechanic again, i know you didn't like that!" with a loud beep the screen blinked to life.  
beaming with pride, Abby began re-processing the finger prints that would prosecute Mr. Jordan's killer.

three agents waited in silence. no one dared say a word, there was nothing to say. Gibbs had returned from his visit to Abby's lab with news that she should have results soon. that had been three hours ago.  
Tony was busying himself with a paper and pencil. McGee had glanced over at it once and he swore it was a horrible portrayal of himself, but then again, with Tony you never knew.  
McGee himself was searching every database that he could gain legal access to on info about either of the Rivkin brothers. the only important thing he had found so far were a series of letters sent between the two. both written in code, it had taken nearly 2/3s of the three hours to crack it. most of the letters seemed normal. completely ordinary exchanges between two brothers, one of which was supposed to be dead.  
the last few however all contained specific mention to an unnamed source. many a time, one of the brothers would refer to "How's _IT_ coming along?" or "Have you gotten all the paperwork for _IT_?" whatever the 'it' was, it was never formally mentioned.  
finally, the familiar elevator ding echoed through everyones ears and all eyes shot to the elevator where a surprisingly mellow Abby was once again, holding a small brown cardboard box.  
as she neared the group a smile broke out across her face and she dumped the box on Tony's outstretched legs. "Hold your applause, but i did it! I know exactly who was wearing those gloves when died!"  
everyone stared at her waiting. she only smiled smugly. "aren't you gonna ask who?" Gibbs couldn't help but snap at the Forensic Scientist. "Abby, we were hoping you could just tell us!"  
Abby faked an expression of hurt. "aww but Gibbs, i was just building up the suspense!" "we're waiting Abby." "fine, fine, ruin the drama, our killer is no other than- can i at least have a drum-roll please?"  
Tony tapped his desk lightly. "now can you continue Abby?" "that's a pathetic drum-roll Tony, but yeah, our killer is Jacob Rivkin, the little brother." Tony sat up a little straighter. "what did i say, McGee, i told you it would be the younger one, pay up!" "you said no such thing Tony!" Tony grinned. "Well i was going to, so you still have to pay up."

* * *

for the last 24 hours all Ziva could do was stare at the dirty wall in front of her. she refused to eat, to talk, to see anyone. she was lost in her thoughts.  
they mostly contained Dylan Jordan. he had been in her life for such a short time, yet the bubbling old man had grown on her. the way he was always smiling, except for that one time when something semi-serious had left his mouth. that hadn't been like him at all and Ziva just couldn't picture the random little man as serious in anyway, though she was sure he had been. at one time or another. you cant get into the navy being a bumbling fool.  
but that wasn't how she saw him. he had been like a father, or maybe even a grandfather. she had felt the need to protect him. and she had failed, miserably. not watching for five seconds and he's dead. gone. forever. killed by someone she thought she had known. oh yes, Ziva knew exactly who had killed Mr. Jordan, and she knew why he did it.  
sighing heavily, she cupped her chin in her hands. "stupid Rivkin. he damn well knew what he was doing. getting me in jail so i would be forced to return to Israel. that obnoxious bastard."  
"now, now Ziva, is that any way to talk about your savior?" with only a small start of surprise, Ziva turned and came face to face with Jacob. she held his penetrating gaze for only a moment before a sly smile broke out across her lips.  
"why Jacob, what a surprise it is to see you again. it has been too long, since the night you killed Dylan Jordan, is that not correct?" the tall Israeli did not falter with her eyes upon him. he simply fell to one knee, bowing his head in respect.  
"i could no obey a direct order." "from who, might i ask?" Ziva cooed. Jacob stood up and walked closer to the bars. he stretched one well tanned arm through the gap in between two and Ziva swore she saw tears in his eyes.  
"your father, Eli David. He ordered Michael and I to kill him! he'll stop at nothing to get you back Ziva! death is the least of your worries if he succeeds."  
Zivas face contorted in shock as she saw the strong Israel man she had once been close friends with, fall to his knees. no tears fell down his cheeks, but they sat there, unshed, just above his eyelashes. his eyes pleaded with her, begged her, to break out of her prison and escape.  
turning away from the heart-wrenching look Ziva let her bangs hide her confusion. "i am sorry Jacob." she turned back to him once more and an unspoken promise passed through each pair of glittering eyes.  
jumping up swiftly and taking a step back, Jacob planted his feet together and his arms at his side. raising one in an informal salute, he held her gaze one last time.  
"Good bye Ziva. before i leave, promise me one last thing. don't give up on the one you really love. Ziva, if anything, live for him." spinning on his heel, Jacob Rivkin sped down the hallway and out of sight.  
gripping the cold iron bars Ziva fell to her knees on the opposite side of the barrier, her eyes were wide in fear. _how did he know. how did he know! I DID NOT TELL ANYONE!!!!

* * *

_

at the current moment when that enlightening little exchange went on, Anthony Dinnozzo was speeding(literally) down the highway towards the prison. even before, he had guessed that Ziva had known 's killer. it had been confirmed along with the matching identity from glove. Now that they knew it was the younger Rivkin brother, Tony was completely determined to find out why Ziva hadn't identified him from the start.  
stomping on the gas, he turned off the ignition, slammed his car door shut, and ran up the prison steps. not even thinking about the very expensive NCIS car that was sitting in the middle of the road, he shoved his way through the hall toward Ziva's cell.  
when he turned the corner, his hands immediately locked onto the cell door.  
"WHY ZIVA!?" the beautiful Mossad agent looked up from her bunk and gave what might have once been a half-smile. "what brings you here Tony? good news i hope?"  
he practically bit threw the bars right then and there. _why is she playing dumb and innocent! _"good and bad actually, but you can put down the act. why didn't you tell us that you knew who killed Mr. Jordan?" "I do not know what you are talking about?"  
he groaned and turned away from the cell. with a cry of pure agony and fury he spun back and punched one of the side bars as hard as he could.  
"we know that Jacob Rivkin killed Dylan Jordan, and we also know that he's an old friend of yours. WHAT ARE YOU COVERING UP?" Tony had been expecting a response, however, he definitely did not expect a punch in the nose.  
toddling backwards he fell down against the opposite wall. he felt something warm and sticky on his fingers but he ignored it. he was more concerned about the seething woman behind the bars.  
"it is not your concern what i am hiding. it is my burden to bear, the information i hold will not help you catch your man." Tony looked her over for a moment before chuckling darkly.  
"ah, i get it now. Jacob just left didn't he? i can go after him now, or i can stay here and let you tell me yourself." her eyebrows furrowed and she glared at him menacingly.  
"what makes you think I'll talk?" "i know you ziva." "oh do you? do you really Tony?" he couldn't help but be rendered speechless by the question. of course he didn't really know her. she never opened up. she was like a door, an eternally locked door that you could try to open again and again without progress.  
shoving his hands in his pockets, Tony turned to leave. "looks like I'm after Rivkin then. we're just trying to help you Ziva, just remember that." without another word he exited the prison as fast as he suddenly shaking legs would carry him.  
Ziva sighed loudly and stared at her fist. "i really didn't mean to punch him that hard, but for his own safety...or more for my own reassurance, i had to."  
returning to her bunk once more, she traced a circle on the wall with her thumb. it wasn't long, maybe fifteen minutes, before she heard the police sirens growing ever nearer.

* * *

"Jacob Rivkin, could you swear in front of a court that everything you've just said is completely and honestly true?" the younger Israeli brother nodded curtly and let his almost-black eyes lock onto Vance.  
"i swear."  
the NCIS directer rose out of his interrogation chair and returned the formal nod. "thank you , the information you have provided will be used to make a persecution, you are aware of this, correct?"  
"yes." Vance smiled and picked the case files off the table. the door of Interrogation swung open as he moved closer. his foot was out the door when Jacob's voice filtered to his ears.  
"and i know that if he asks for the name of the witness that I'll be named. I'm perfectly fine with that. Eli David deserves every sentence he receives and more." Vance's face turned grin and he knew it was time to let the boy know.  
"Jacob, like i said before, what you have provided us will be used to make a persecution, however, it is not solid enough evidence for a conviction. we need one more voice against Eli David." "Ziva?"  
the director spun slowly to face the horror stricken man. "yes, Ziva David." "but, you cant really mean that she will be speaking out against her father! she will be betraying her family!"  
"Well then, if she won't speak against him, we shall not be able to persecute him."  
with a soft rustle of his suit,Vance strode out of the room, leaving a very distressed Jacob Rivkin to ponder things over while he himself, Director Vance, paid the resident Mossad agent a visit in her cell.

* * *

**So how was it? getting exciting i think! sorry i've been taking so long. School and everything xD thanks to faithful readers, i hope to get another update soon! reviews are mandatory, unless you don't feel the need to review, so i guess you should only review IF YOU REALLY WANT TO! even though they make me so happy!!!! Sorry for Spelling and Grammar erorrs, im not sure if there are any, i tried looking for them, but i didnt have time and i wanted to upload this as soon as i could! so again, sorry!!! it is not KabbyDare's fault, it is mine entirely! my computer is screwed up and i really need a laptop...  
**


	6. VERY SORRY! IMPORTANT NOTE!

I'M REALLY SORRY!!!!! Since I've been taking so long to upload my stories, I've decided that I'm going to write all the remaining chapters, and then upload. i apologize for doing this RIGHT in the middle of the story. I'm really thankful for all the people who too the time to actually review, i love you all very much xD I just feel that its unfair to you all that i keep promising updates, and then it takes forever!!! i want to finish the entire story so that i can upload it all at once! please forgive me, I'm really sorry if you've been waiting for an update and this is all that you get. If you like this story, thank you. Thank you over and over again, i can't thank you enough, nor can i apologize enough. please don't hate me, i will finish and then I'll upload the story. at the same time i have some other pieces i can upload, so ill put them up one day too. Until I'm done, this story is going on Hiatus...I'm sorry one again. Please don't leave any reviews to this yelling at me or asking when I'll be done. i don't know. I LOVE YOU ALL!!!!!!!!!!!!!!!

-Random-Bubbles159


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